HOUSE BILL No By Committee on Health and Human Services 2-15

Transcription

1 0 0 0 Session of 00 HOUSE BILL No. By Committee on Health and Human Services - AN ACT providing for the regulation and licensing of radiologic technologists; granting powers and duties of the state board of healing arts; establishing a radiologic technology council and providing for the functions thereof; declaring unlawful acts and penalties. Be it enacted by the Legislature of the State of Kansas: Section. Sections through and amendments thereto shall be known and may be cited as the radiologic technologists practice act. Sec.. The legislature hereby finds and declares that the citizens of the state of Kansas are entitled to the maximum protection practicable from the harmful effects of improperly performed medical imaging and radiation therapy procedures; that the protection can be increased by requiring appropriate education and credentialing of persons operating medical equipment used for medical imaging and radiation therapy procedures; and it is therefore necessary to establish standards of education and credentialing for these operators to provide for appropriate examination and licensure. Sec.. As used in this act: (a) Board means the state board of healing arts. (b) Dental assistant means a person, other than a dental hygienist, working under the direct supervision of a licensed dentist for the purpose of assisting such dentist in the performance of the dental assistant s clinical and clinical-related duties and who has been trained by the dental assistant s employing dentist or as defined by the Kansas dental board, on the proper use of dental radiographic equipment for the purpose of providing medical imaging of the maxilla and mandible for diagnostic purposes. (c) Direct supervision means the process by which the licensed practitioner, licensed dentist or licensed radiologic technologist supervising the student or dental assistant performing a radiologic procedure be present during the radiologic procedures for purposes of consulting with and directing the student or dental assistant to assure that all such activities are performed accurately, safely and without risks or harm to patients. (d) Ionizing radiation means x-rays, gamma rays, alpha and beta

2 HB particles, high speed electrons, protons, neutrons and other nuclear particles capable of producing ions directly or indirectly in its passage through matter. (e) License means a certificate issued by the board authorizing the licensee to perform radiologic technology procedures on humans for diagnostic or therapeutic purposes. (f) Licensed practitioner means a person licensed to practice medicine, dentistry, podiatry, chiropractic or osteopathy in this state. (g) Medical imaging means any procedure or article intended for use in the diagnosis of disease or other medical conditions including, but not limited to, diagnostic x-rays, nuclear medicine and other procedures and excluding echocardiography, diagnostic sonography and magnetic resonance imaging. (h) Nuclear medicine technologist means a person, other than a licensed practitioner, who uses radiopharmaceutical agents on humans for diagnostic or therapeutic purposes. (i) Nuclear medicine technology means the use of radionuclides on human beings for diagnostic or therapeutic purposes. (j) Persons who administer medical imaging or radiation therapy procedures means any person, other than a licensed practitioner, who intentionally administers medical imaging or radiation therapy procedures to other persons for medical purposes, and includes radiographers, radiation therapists and nuclear medicine technologists licensed under this act, but not diagnostic medical sonographers. (k) Radiation therapist means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes. (l) Radiation therapy means the use of any radiation procedure or article intended for the cure, mitigation or prevention of disease in humans. (m) Radiographer means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes. (n) Radiography means the use of ionizing radiation on human beings for diagnostic purposes. (o) Radiologic technologist means any person who is a licensed radiographer, radiation therapist or nuclear medicine technologist. (p) Radiologic technology means the use of radioactive substance or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes upon prescription of a licensed practitioner. The term includes the practice of radiography, nuclear medicine technology and radiation therapy technology. (q) Radiologist means a physician certified by the American board of radiology or the American osteopathic board of radiology, the British royal college of radiology or the Canadian college of physicians and

3 HB surgeons. (r) Student means an individual enrolled in a course of study for medicine, osteopathy, chiropractic, radiologic technology, podiatry, dentistry, dental hygiene and dental assistant training. Sec.. (a) No person, other than a licensed practitioner or radiologic technologist shall perform radiologic technology procedures on humans for diagnostic or therapeutic purposes. (b) A person holding a license under this act shall use radioactive substances or equipment for radiologic technology procedures on humans only for diagnostic or therapeutic purposes by prescription of a licensed practitioner, and only if the application of a substance or the use of equipment is limited in a manner herein specified. (c) The board shall establish licensure standards for the radiographer, radiation therapist, nuclear medicine technologist and temporary and conditional license holder. Only persons licensed under this act shall be entitled to use the titles or designated letters of this act. No person shall depict one s self orally or in writing, expressly or by implication, as holder of a license who does not hold a current license under this act. (d) No person shall knowingly or negligently employ a person to apply ionizing radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of radiologic technology unless the person possesses a valid license issued under the provisions of this act within that specific category. (e) A person shall not apply ionizing radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of radiologic technology unless the person possesses a valid license or a temporary or conditional license issued under this act. (f) Nothing in the provisions of this act relating to radiologic technology procedures shall limit, enlarge or affect the practice of a licensed practitioner. (g) The requirement of a license shall not apply to a resident physician or a student enrolled in and attending a school of medicine, osteopathy, chiropractic, podiatry, dentistry, dental hygiene, dental assistant training or radiologic technology while under the direct supervision of a licensed practitioner, radiographer, radiation therapist or nuclear medicine technologist. (h) The requirement of a license shall not apply to a dental assistant as defined in this act. (i) On and after July, 00, it shall be unlawful for any person who is not licensed under this act or whose license has been suspended or revoked to hold one s self out to the public as a licensed radiologic technologist, or use the words radiologic technologist, radiographer, nuclear medicine technologist or radiation therapist or any other words, letters,

4 HB abbreviations or insignia indicating or implying that such person is a radiologic technologist to practice the art and science of radiologic technology. (j) The radiologic technologists practice act recognizes the existence of overlapping functions between health care providers. Therefore, nothing in this act is intended to limit, preclude or otherwise interfere with the practice of other health providers formerly trained and licensed or credentialed by appropriate agencies of the state of Kansas. (k) Any violation of this section shall constitute a class B misdemeanor. Sec.. (a) There is established the radiologic technology council to assist the state board of healing arts in carrying out the provisions of this act. The council shall consist of nine members, all citizens and residents of the state of Kansas appointed as follows: The board shall appoint two members; one of which shall be a physician, the other one, as designated by the board. The governor shall appoint: Two members who shall be radiographers; one member who shall be a nuclear medicine technologist; one member who shall be a radiation therapist; one member who shall be a hospital administrator currently employed by a hospital; and two members who shall be radiologists certified by the American board of radiology. (b) Council members shall have been actively practicing in their fields for not less than five years. (c) The terms of office shall be four years, except that of the members first appointed, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. The members appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. Members appointed by the governor shall serve at the pleasure of the governor. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term. (d) Radiologic technologists initially appointed to the council must be eligible for licensure under subsection (a) of section and amendments thereto; thereafter, they must be licensed under the provisions of this act. (e) The council, for administrative purposes, shall meet at least once each year at a time and place of its choosing and at such other times as may be necessary on the chairperson s call. The first meeting of the council shall be for organization only. (f) A majority of the council constitutes a quorum. No action may be taken by the council except by affirmative vote of the majority of the members present and voting. (g) Members of the council attending meetings of the council, or a

5 HB subcommittee of the council, shall be paid amounts provided in subsection (e) of K.S.A. -, and amendments thereto, from the healing arts fee fund. Sec.. The radiologic technology council shall advise the board regarding: (a) Examination and licensing fees; (b) rules and regulations to be adopted to carry out the provisions of sections through, and amendments thereto; (c) subject areas to be covered during schooling and on the licensure examination; (d) the number of yearly continuing education hours required to maintain active licensure; (e) changes and new requirements taking place in the area of radiologic technology; and (f) such other duties and responsibilities as the board may assign. Sec.. (a) The board, with the advice and assistance of the radiologic technology council, shall pass upon the qualifications of all applicants for examination and licensing, provide for examinations, determine the applicants who successfully pass the examination, duly license such applicants, adopt rules and regulations as may be necessary to administer the provisions of sections through, and amendments thereto, and prescribe forms which shall be issued in the administration of this act. The rules and regulations shall establish criteria which a school teaching radiologic technologies shall satisfy in meeting the standards for approval of an educational course of study and clinical experience, continuing education criteria, practice protocols, criteria for registration procedures for the examination of applicants and for professional conduct and discipline. The board shall keep a record of all proceedings under sections through, and amendments thereto, and a roster of all individuals licensed under this act. The board shall conduct hearings upon charges calling for discipline of a licensee. (b) The board, after obtaining the advice and assistance of the radiologic technology council, shall establish by rules and regulations, the date for expiration of a license under this act providing for the renewal of expired, suspended and revoked licenses on a continuing basis throughout the year. In each case in which a license is renewed for a period of time less than one year, the board may prorate the amount of the fee established under section, and amendments thereto. The request for renewal shall be on a form provided by the board and shall be accompanied by the prescribed fee and satisfactory evidence of having successfully completed the required number of continuing education courses prescribed by rule and regulation. (c) The board, after obtaining the advice and assistance of the radiologic technology council, shall establish by rules and regulations, procedures for reinstatement of expired, suspended and revoked licenses on a continuing basis throughout the year. Sec.. (a) An applicant applying for licensure as a radiologic tech-

6 HB nologist shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements: () At the time of the application is at least years of age; and () has successfully completed a four-year course of study in a secondary school approved by the state board of education, passed an approved equivalency test or has graduated from a secondary school outside Kansas having comparable approval by the state board of education. (b) In addition to the requirements of subsection (a), any person seeking to obtain a license in a specific area of radiologic technology must comply with the following requirements: () Each applicant for a license as a radiographer, radiation therapist or nuclear medicine technologist shall have satisfactorily completed a course of study in radiography, radiation therapy or nuclear medicine technology, respectively, which is approved by the board. () The curriculum for each course of study shall be no less stringent than the standards of existing national organizations which approve radiologic technology programs, provided the standards are not in conflict with board policy. Sec.. (a) Each applicant for licensure shall pass a license examination approved by the board. (b) For a period not to exceed three years from the effective date of this act, the board shall admit to examination for licensure a person who has practiced for a minimum of two of the three years immediately preceding the effective date of this act, as a radiographer, radiation therapist or nuclear medicine technologist. (c) An applicant for renewal shall submit proof of having successfully completed continuing education courses as prescribed by rules and regulations. (d) The board may accept, in lieu of its own licensure examination, a current certificate by the American registry of radiologic technologists, nuclear medicine technologist certification board or other recognized national voluntary credentialing bodies, which the board finds was issued on the basis of an examination which meets standards at least as stringent as those established by the board. (e) The board may accept, in lieu of its own examination, a current certificate, registration or license of an applicant which was issued by another state, whose standards the board finds are at least as stringent as those established by the board. Sec.. (a) The board may issue a license to each applicant who successfully meets the requirements for licensure under sections and, and amendments thereto, and has paid the prescribed fees. (b) The board may issue a temporary license to any person whose

7 HB licensure or relicensure may be pending and when issuance may be justified by special circumstances. A temporary license shall be issued only if the board finds that it will not violate the purpose of this act or endanger the public health and safety. Such temporary licensure shall expire when determination is made either to issue or deny the applicant a regular license and in no event shall a temporary license be issued for a period longer than days. No more than one such temporary license shall be permitted to any one person, without the majority approval of the members of the council and board. (c) The board shall waive the education and examination requirements for applicants who () have been engaged in the practice of radiologic technology in the specialty or specialties for which application is made for a period of at least two of the three years immediately preceding the effective date of this act; () are years of age or older; () have successfully completed secondary schooling or its equivalency; and () are of good moral character. (d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for in section, and amendments thereto. (e) A licensee holding a license under this act whose license has lapsed and who has ceased activities permitted in this act, may apply for relicensure upon making a request for renewal upon a form provided by the board and payment of a fee set by the board and satisfactorily meeting the requirements established by rules and regulations of the board. (f) At least 0 days before the expiration of a license issued under this act, the board shall notify the licensee of the expiration date by mail addressed to the licensee s last mailing address as noted upon office records. (g) A licensee holding a license under this act shall notify the board in writing within 0 days of any name or address change. Sec.. (a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, but not exceeding: Application for examination... $0 Application for license... 0 Temporary or conditional licensing fee... 0 License renewal... 0 Late license renewal... 0 License reinstatement fee... 0 Certified copy of license... 0 Verified copy...

8 HB (b) If the examination is not administered by the board, the board may require that fees paid for any examination under the radiologic technologists practice act be paid directly to the examination service by the person taking the examination. Sec.. (a) The license of a licensee may be limited, suspended or revoked, or the individual may be censured, reprimanded or otherwise sanctioned by the board in accordance with the provisions and procedures of this act or an application for a license may be denied if, after due process, it is found that the individual: () Is guilty of fraud or deceit in the procurement or holding of the license; () has been convicted of a felony in a court of competent jurisdiction, either within or outside of this state, unless the conviction has been reversed and the holder of the license discharged or acquitted or if the holder has been pardoned with full restoration of civil rights in which case the license shall be restored; () is addicted to or has distributed intoxicating liquors or drugs for other than lawful purposes; () is or has been afflicted with any medical problem, disability or addiction which, in the opinion of the board, would impair professional competence; () has aided and abetted a person who is not a licensee under this act or is not otherwise authorized to perform the duties of a license holder under this act; () has undertaken or engaged in any practice beyond the scope of duties permitted a licensee under this act; () has engaged in the practice of radiologic technology under a false or assumed name or the impersonation of another licensee. The provisions of this subsection relating to an assumed name shall not apply to licensees practicing under a professional corporation or other legal entity authorized to provide such professional services in Kansas; () has been found guilty of unprofessional conduct which the board may establish by rules and regulations; () has interpreted a diagnostic image for a fee; or () is, or has been found guilty of incompetence or negligence while performing as a license holder. (b) The denial, refusal to renew, suspension or revocation of a license may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Sec.. This act shall take effect and be in force from and after its publication in the statute book.